40 Administration of funds.S
(1)The Council shall be responsible, subject to the provisions of this Part of this Act, for administering funds made available to the Council by the Secretary of State and others for the purposes of providing financial support for activities eligible for funding under this section.
(2)The activities eligible for funding under this section are—
(a)the provision of education and the undertaking of research by such institutions in Scotland as are within the higher education sector;
(b)the provision of any facilities, and the carrying on of any other activities, by such institutions in Scotland as are within the higher education sector which the governing bodies of those institutions consider it necessary or desirable to provide or carry on for the purpose of or in connection with education or research;
(c)the provision of services by any person for the purpose of, or in connection with, the provision of education or the undertaking of research by such institutions in Scotland as are within the higher education sector;
(d)the provision of such courses of higher education as the Secretary of State may direct as are provided in colleges of further education within the meaning of section 36(1) of this Act; and
(e)the provision of such courses in such other institutions in Scotland under the management of or receiving assistance by way of payments from education authorities as the Secretary of State may direct.
(3)The Council may—
(a)make grants, loans or other payments to the governing body of any institution within the higher education sector in respect of expenditure incurred or to be incurred by them for the purposes of any activities eligible for funding under this section by virtue of subsection (2)(a) or (b) above;
(b)make grants, loans or other payments to any person in respect of expenditure incurred or to be incurred by him for the purpose of the provision of any services eligible for funding under this section by virtue of subsection (2)(c) above; and
(c)make grants, loans or other payments to the board of management of a college of further education within the meaning of Part I of this Act, an education authority or such other person as they consider appropriate in respect of expenditure incurred or to be incurred by them for the purpose of the provision as mentioned in subsection (2)(d) and (e) above of such courses of higher education as the Secretary of State may direct,
subject in each case to such terms and conditions as the Council think fit.
(4)The terms and conditions on which the Council may make any grants, loans or other payments under this section may in particular—
(a)enable the Council to require the repayment, in whole or in part, of sums paid by the Council if any of the terms and conditions subject to which the sums were paid is not complied with; and
(b)require the payment of interest in respect of any period during which a sum due to the Council in accordance with any of the terms and conditions remains unpaid,
but shall not relate to the application by the body to whom the grants or other payments are made of any sums derived otherwise than from the Council.
[F1(5)Without prejudice to the power to impose conditions given by subsection (3) above, the conditions subject to which the Council make grants, loans or other payments under this section to the governing body of an institution within the higher education sector shall require the governing body to publish disability statements at such intervals as may be specified.
(6)For the purposes of subsection (5) above—
“disability statement” means a statement containing information of a specified description about the provision of facilities for education and research made by the institution in respect of persons who are disabled persons for the purpose of the Disability Discrimination Act 1995; and
“specified” means specified in the conditions subject to which grants, loans or other payments are made by the Council under this section.]
Textual Amendments
F1S. 40(5)(6) inserted (31.7.1996) by 1995 c. 50, s. 31(3)(with ss. 59, 64, 65); S.I. 1996/1474, art. 2, Sch. Pt.II
Commencement Information
I1S. 40 wholly in force at 1.4.1993 see s. 63(2) and S.I. 1992/817, art. 3(2), Sch. 4